Technology & Marketing Law Blog

JULY 19, 2023

On the last of the three signup webpages, legal copy abounds, with some text appearing on the left-hand side of the page underneath high-level explanations of the trial membership. In screenshot #3, the phrase “I agree to the Terms and Privacy Policy” isn’t expressly linked to any action, so the court disregards it.

Privacy 89

Privacy Contracts Marketing Marketing 89

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that? Place your bets!

Copyright 121

Copyright Artwork Moral Rights Non-Fungible Tokens 121

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. Though I’ll detail the advertising-based claims below, I will also note that the court did dismiss claims based on Facebook’s “Copy, Acquire, Kill” strategy as untimely.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

That creates a different, but not less problematic, vector for privacy and security violations. As a practical matter, other states will copy California’s template, so businesses will face the same obligations across the nation unless the law is stopped. I doubt it. Trying to evade California law is also short-term thinking.

Designs 92

Designs Design Privacy Business 92

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 2000) (“ copying an entire work militates against a finding of fair use. ”).

Fair Use 136

Fair Use Privacy Copyright Technology 136

Kluwer Copyright Blog

APRIL 15, 2024

Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement). EU Digital Market Act and competition laws that force access to certain data, see below). With open licenses, there are multiple contributors.

Licensing 103

Licensing Social Media Contracts Privacy 103

IP and Legal Filings

OCTOBER 18, 2022

The Nepal Privacy Act was passed in September 2018. The Privacy Act, which implemented the constitutional right to privacy, had a big influence on how personal information was used legally. An NFT and the corresponding permission to use, copy, or display the asset can be bought and sold in digital markets.

Non-Fungible Tokens 52

Non-Fungible Tokens Artwork Privacy Ownership 52

The TTABlog

MAY 11, 2023

There was no evidence regarding applicant's marketing expenditures, the extent of exposure of its advertising, its sales figures, number of customers, market share, unsolicited media coverage, or intentional copying.

Privacy 63

Privacy Marketing Marketing Advertising 63

43(B)log

DECEMBER 7, 2023

Because of Bartlett’s popularity, McCandless used her, among other personalities, to market his services and asked her to provide a “testimonial” video for him to use, which she provided and he posted to his Instagram. But in Bell , the copy was apparently always infringing, which doesn’t seem to be the case here.

Web Development 59

Web Development Social Media Copying Copyright 59

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Technology & Marketing Law Blog

SEPTEMBER 26, 2021

Per Batzel, “the mere existence of the hard copy yearbooks does not indicate that the publishers ‘provided’ the yearbooks for publication on the internet.” But if a yearbook database vendor gets a hard copy of a yearbook, what does the supplier think is going to happen with it? . Implications. Whitepages.

Publishing 87

Publishing Privacy Reporting Copying 87

Technology & Marketing Law Blog

JULY 18, 2023

Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius. Genius’s “browsewrap,” however, prohibits copying for commercial use, and Genius sued Google for breach of contract.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

AUGUST 19, 2021

Facebook’s ads remixed third-party content, but Facebook generated the ad copy itself. And it is worth noting that Classmates has availed itself of the benefits of doing business in Ohio by acquiring Ohio yearbooks expressly for the purpose of marketing access to them and related services to—by and large—Ohioans.

Advertising 121

Advertising Advertising Marketing Marketing 121

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. Privacy deception should be avoided, and offers and interactions should be transparent about price and key benefits. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. In the realm of mobile applications, which enjoy immense popularity, developers find themselves amidst fierce competition.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

TorrentFreak

JULY 13, 2023

Pirate site brands, including 123movies, Putlocker, Kisscartoon, 123movieshub, and GoMovies, were suddenly recognized all over the world, despite in many cases having been copied from ‘pirate’ brands already in existence. Domains offered by Tonic carry no personally identifying WHOIS records.

Branding 85

Branding Brands Branding Registration 85

TorrentFreak

FEBRUARY 15, 2022

When sales are replaced by pirated copies, authors earn a lot less. With around 90% of the search market, Google is regularly criticized by rightsholders for allowing infringing content to appear in its search results. Whois Privacy Corp., They also want Congress to step up funding for criminal enforcement in copyright cases.

Social Media 103

Social Media Publishing Copyright Law Copyright 103

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

The manufacturer can sue the seller for copying its shots; the manufacturer can sue for false advertising if non-official shots aren’t “accurate,” and freelancers love to sue over product shots they took and ones they think are too similar to the ones they took.]. Who Cares About Privacy?

Trademark 136

Trademark False Advertising Advertising Advertising 136

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Note that the data access issue crosses over to the consumer privacy laws, which may mandate consumer access to “their data” under specified circumstances. Facebook appeared first on Technology & Marketing Law Blog. Bonne chance.”).

Contracts 92

Contracts Social Media Advertising Advertising 92

Technology & Marketing Law Blog

DECEMBER 27, 2023

Do you have the CDO Evaluator License?” * Phys.org : Digitizing books can spur demand for physical copies: Digitization can boost sales of physical books by up to 8% by stimulating demand through online discovery. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog.

IP 72

IP Advertising Advertising Copyright 72

Technology & Marketing Law Blog

JULY 5, 2022

Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. Likewise, the comment about plagiarism follows a post that linked to a Rolling Stone article and suggested that Respondent “mostly copied it word for word.” Amount taken. Maximized Living v.

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues. ” hiQ Labs Inc.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

LexBlog IP

NOVEMBER 17, 2021

The computer file—containing the program or content—must be copied from where it’s stored into the computer’s memory. You aren’t so much cutting pieces off the hot dog but making copies of each piece you’re cutting and transferring. The Child’s Hot Dog Theory of Software. Weird, right?

Copying 52

Copying Copyright Business Licensing 52

The IPKat

AUGUST 2, 2023

Alcoa stated in its Complaint that once it had the information, UAC marketed itself to Boeing as a new, low cost supplier of the Stretch Form Extrusion Parts (despite it not "yet even own[ing] the equipment necessary to manufacture those parts ") ([5]-[6]), thus misappropriating its trade secrets under the Georgia Trade Secrets Act.

Confidentiality 52

Confidentiality Litigation Privacy Technology 52

IIPRD

OCTOBER 14, 2022

Even though traditional banks continue to command the financial market by offering standard operations such as payments, deposits, and credit; they need to understand that now, they are not the only players. With the size of such a market, there is always a high possibility of intellectual stealing in order to maximize profit.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. The post Yearbook Defendants Lose Two More Section 230 Rulings appeared first on Technology & Marketing Law Blog. Callahan v. PeopleConnect, Inc., Whitepages.

Advertising 90

Advertising Advertising Social Media Blogging 90

IP Intelligence

JUNE 7, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence of the scope of the market (magazines about the life of Prince, as opposed to a magazine article about the work of Andy Warhol).

Fair Use 105

Fair Use Licensing Music Art 105

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. privacy policy; and. Despite the demand in this novel asset class, Indonesia’s regulatory framework for NFTs is unclear. Image source: iStock]. cross-border transfer of personal data.

Non-Fungible Tokens 83

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 83

Intepat

MAY 16, 2023

A person is entitled to the right to privacy, which extends to a celebrity as well and they are entitled to protect their publicity rights on the basis of the wider ambit of Article 21. The right to publicity can be interpreted through Article 21 of the Constitution of India which provides the right to life and the right to personal liberty.

Branding 98

Branding Brands Branding Personality Rights 98

LexBlog IP

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. Other considerations for legal professionals abound, privacy being salient among them.

Business 52

Business Law Reporting Music 52

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. Other considerations for legal professionals abound, privacy being salient among them. From this, the system “learned” that men were more desirable candidates.

Business 52

Business Law Social Media Reporting 52

TorrentFreak

APRIL 23, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. IA has plenty of other archive projects too.

Copyright 115

Copyright Fair Use Copying Publishing 115

43(B)log

FEBRUARY 18, 2022

Reducing transaction costs seems desirable, but capturing a bigger share of the pie may not be/privacy threats/[dark patterns]. Eliminating a monopoly may not convert deadweight loss into consumer surplus if other monopolies remain in the market. Decline in pace of diffusion of new business methods results.

IP 59

IP Business Music Law 59

The IPKat

APRIL 25, 2024

Such ‘synthetic’ training data can be very valuable, as it can be used where real-world training data is scarce or where the use of real-world data is difficult due to privacy or security concerns. Does UK copyright law protection extend to computer-generated works which are not original?

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

Technology & Marketing Law Blog

OCTOBER 4, 2022

Day to Day Imports. * Satirical Depiction in YouTube Video Gets Rough Treatment in Court. * 512(f) Preempts Tortious Interference Claim–Copy Me That v. RIAA appeared first on Technology & Marketing Law Blog. . * A 512(f) Plaintiff Wins at Trial! Alper Automotive v. MGA Entertainment.

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example.

Advertising 40

Advertising Advertising Law Privacy 40